Why is it a Bad Idea to Write Your Own Will?

Nowadays, it is relatively easy to find a free Will template on the internet and relatively affordable to buy a Will kit from a newsagent, post office or online. There are also websites that have data collectors that take your information and create a Will for you without any legal expertise required.

But, is this really a good idea?

Possible Consequences of Writing Your Own Will

The importance of having a valid Will when you pass away is to ensure that assets are directed to the correct persons according to your wishes. If you have a valid Will, your executor applies to the Court for a grant of Probate and can then distribute your estate in accordance with what you have written in your Will.

If you have a Will that is deemed invalid by the Court then your estate will most likely be exposed to delays in distributing your estate, increased legal and court costs and potential financial hardship and emotional anguish for your family.

Below are some circumstances where writing your own will is a bad idea:

• Your home-made Will is lost and cannot be found. When a lawyer prepares a Will for you, they may offer to hold the Will after signing in their safe custody or they may advise you of other services or methods you can use to safely store your Will. If you take the original Will the lawyer may keep properly certified copies of the original Will or an electronic copy of your Will. Thus, if you subsequently lose the original Will, your family can ask the court to look at the copy of the Will and allow the wishes in that Will to stand.

• Your hand-written Will is not signed correctly. The requirements for the signing and witnessing of Wills in order for it to be valid is very strict. If your Will is not signed correctly or is not witnessed properly it may be invalid. Further, if your Will does not deal with all of the assets and liabilities that you leave when you die your Will may be ineffective in dealing with those assets.

It is always beneficial to engage a lawyer to assist you in the preparation of your Will as not only will they take into account the strict legal requirements for a Will to be considered valid by a court in the jurisdiction which you live but also take some pressure off you physically and emotionally as they can assist you in planning other aspects of your estate such as whether you need to appoint a guardian for your children, a trustee to run your business or whether an elderly relative needs to remain in your home after you are gone and a number of other life circumstances that are particular to you.

If you would like your Will to be drafted, Straits Lawyers are now offering online Will services. To access these services, simply click on the link – https://straits-lawyers.square.site/product/online-will-/1?cs=true

Alternatively, if you would like to enquire more about your rights and options, simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.